Discharge of Jurors in Excess of Twelve (s. 652.1(2))

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

12.5 Discharge of Jurors in Excess of Twelve (s. 652.1(2))

(June 2012)

(Instruction to be given when an order has been made under s. 631(2.2) and more than twelve jurors are remaining at the end of the charge.)

[1] I am now required to identify the twelve jurors who will participate in the deliberations. Your juror numbers have been written on cards of equal size and placed in a box that will be thoroughly shaken. The clerk will draw at random one/two card(s) and that juror (those jurors) will be discharged.

[2] If you are discharged, I want to stress that by your participation in this case you have performed an essential service in the administration of justice. On behalf of myself and all Canadians I would like to extend my sincere gratitude for your dedication to this case.

[3] I remind you that all jury discussions are secret. You must not tell anyone anything about your discussions unless that information was disclosed in open court. To do so would be a criminal offence.